Instructions for Form W-8IMY (Rev. June 2017)

1 Userid: CPMS chema: instrxLeadpct: 100%Pt. size: Draft Ok to PrintAH XSL/XMLF ileid: .. /IW-8 IMY/201706/A/XML/Cycle05/source(Init. & Date) _____Page 1 of 18 11:22 - 23-Jun-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before for Form W-8 IMY(Rev. June 2017) Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain Branches for United States Tax Withholding and ReportingDepartment of the TreasuryInternal Revenue ServiceSection references are to the Internal Revenue Code unless otherwise InstructionsFuture developments. For the latest information about developments related to Form W-8 IMY and its Instructions , such as legislation enacted after they were published, go to s NewQualified derivatives dealers (QDDs). This form and these Instructions have been updated to reflect final and temporary regulations published in January 2017 as well as the Qualified Intermediary Agreement published in Rev.

2 Proc. 2017-15, available at , with respect to the requirements of a QDD. A QDD that receives payments for which the QDD is entitled to a reduced rate of withholding under an income tax treaty may use its Form W-8 IMY to both certify its status as a qualified intermediary (QI) acting as a QDD and to claim treaty benefits with respect to such payments. To make a claim for treaty benefits in such a case, the QDD should provide a withholding agent with a statement associated with its Form W-8 IMY that contains the information required in Part III of Form branch certification. Final regulations under chapter 4 published in January 2017 changed certain requirements for branches of foreign entities. This form has been updated to include the certification required of branches of foreign financial institutions (FFIs) that are not treated as persons. For payments made on or after July 1, 2017, those branches must certify that they are applying the rules described in Regulations section (d)(2)(iii)(C) in order to avoid being withheld upon under chapter 4.

3 The final regulations also provide that branches of FFIs that are treated as persons no longer have to be branches of FFIs with specified chapter 4 statuses. These Instructions reflect that change by allowing such branches to leave lines 5 and 9 FFIs and limited branches. Limited FFI and limited branch statuses expired on December 31, 2016, and have been removed from the form and FFIs and sponsored direct reporting non-fi-nancial foreign entities (sponsored direct reporting NFFEs). As of January 1, 2017, a sponsored FFI that is a registered deemed-compliant FFI or sponsored direct reporting NFFE is required to obtain its own GIIN to be provided on this form and can no longer provide its sponsoring entity s GIIN. This form has been updated to reflect this IGA FFIs. This form and these Instructions have been updated to reflect the requirements for withholding agents to document nonreporting IGA FFIs in the Treasury regulations. These Instructions also clarify that nonreporting IGA FFIs that are sponsored entities should provide their own GIIN (if required) and should not provide the GIIN of the sponsoring entity.

4 See the Instructions to Part XIX. In addition, these Instructions provide that a trustee of a trustee-documented trust that is a foreign person should provide the GIIN it received when it registered as a participating FFI (including a reporting Model 2 FFI) or reporting Model 1 of FormUnder chapter 3, foreign persons are generally subject to tax at a 30% rate on income they receive from sources that consists of interest (including certain original issue discount (OID)), dividends, rents, premiums, annuities, compensation for, or in expectation of, services performed, or other fixed or determinable annual or periodical (FDAP) gains, profits, or income. This tax is imposed on the gross amount paid and is generally collected by withholding under section 1441 or 1442 on that amount. A payment is considered to have been made whether it is made directly to the beneficial owner or to another person, such as an intermediary, agent, trustee, executor, or partnership, for the benefit of the beneficial chapter 4, withholding agents must withhold at a 30% rate under sections 1471 and 1472 on withholdable payments made to nonparticipating FFIs (including when the nonparticipating FFI is a flow-through entity or is acting as an intermediary), certain other foreign entities, and certain account holders of FFIs.

5 For example, if a withholding agent makes a payment of portfolio interest described in section 871(h) to an account maintained by a nonparticipating FFI, the payment will be subject to a 30% withholding tax under section 1471 even if the nonparticipating FFI is an intermediary or flow-through entity and the beneficial owner for whom the intermediary or flow-through is acting is a foreign individual who provides a valid Form persons are also subject to tax at graduated rates on income they earn that is considered effectively connected with a trade or business. If a foreign person invests in a partnership that conducts a trade or business, the foreign person is considered to be engaged in a trade or business. The partnership is required to withhold tax under section 1446 on the foreign person s distributive share of the partnership s effectively connected taxable income. The partnership may generally accept any form submitted for purposes of section 1441 or 1442, with few exceptions, to establish the foreign status of the partner.

6 See Regulations sections through to determine whether the form submitted for purposes of section 1441 or 1442 will be accepted for purposes of section purposes of section 1446, Form W-8 IMY may only be submitted by an upper-tier foreign partnership or a foreign grantor trust, both of which must furnish additional documentation for their information. For additional information and Instructions for the withholding agent, see the Instructions for CAUTION!Jun 23, 2017 Cat. No. 25904 RPage 2 of 18 Fileid: .. /IW-8 IMY/201706/A/XML/Cycle05/source11:22 - 23-Jun-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before Requester of Forms W-8 BEN, W-8 BEN-E, W-8 ECI, W-8 EXP, and Must Provide Form W-8 IMYE xcept as otherwise provided, you should provide Form W-8 IMY when receiving a reportable amount or withholdable payment on behalf of another person or as a flow-through entity. When receiving a withholdable payment, your chapter 4 status is generally required to be included on the form unless otherwise provided in accordance with these Instructions .

7 Form W-8 IMY must be provided by the following foreign person, or a foreign branch of a person, to establish that it is a QI that is not acting for its own account, to represent that it has provided or will provide a withholding statement, as required, or, if applicable, to represent that it has assumed primary withholding responsibility under chapters 3 and 4 of the Code (excluding section 1446) and/or primary Form 1099 reporting and backup withholding foreign person, or a foreign branch of a person, to establish that it is a QI acting as a QDD or assuming primary withholding responsibility with respect to payments of substitute interest, as permitted by the QI agreement. A foreign person should also provide a Form W-8 IMY to establish that it is a qualified intermediary that has a foreign branch that is acting as a QDD. A QDD that receives payments for which the QDD is entitled to a reduced rate of withholding under an income tax treaty may use its Form W-8 IMY to both certify to its status as a QI acting as a QDD and to claim treaty benefits with respect to such foreign person to establish that it is a nonqualified intermediary that is not acting for its own account, to certify its chapter 4 status (if required), to certify whether it reports accounts under chapter 4 (if required), and to indicate, if applicable, that it is using the form to transmit withholding certificates and/or other documentary evidence and has provided, or will provide, a withholding statement, as branch that is acting as an intermediary to represent that the income it receives is not effectively connected with the conduct of a trade or business within the United States and either that it is using the form (1) to evidence it is treated as a person under Regulations section (b)(2)(iv)(A)

8 With respect to any payments associated with the Form W-8 IMY, or (2) to transmit the documentation of the persons for whom it receives a payment and has provided, or will provide, a withholding statement, as required, and to certify it is applying the rules described in Regulations section (d)(2)(iii)(C) when receiving a withholdable financial institution incorporated or organized under the laws of a territory that is acting as an intermediary or is a flow-through entity to represent that it is a financial institution (other than an investment entity that is not also a depository institution, custodial institution, or specified insurance company) and either that it is using the form (1) to evidence it is treated as a person under Regulations section (b)(2)(iv)(A) with respect to any payments associated with the Form W-8 IMY, or (2) to certify that it is transmitting documentation of the persons for whom it receives a payment and has provided, or will provide, a withholding statement, as foreign partnership or a foreign simple or grantor trust to establish that it is a withholding foreign partnership or withholding foreign foreign partnership or a foreign simple or grantor trust to establish that it is a nonwithholding foreign partnership or nonwithholding foreign simple or grantor trust to certify to its chapter 4 status (if required)

9 , to represent that the income is not effectively connected with a trade or business, and to certify that the form is being used to transmit withholding certificates and/or documentary evidence and that it has provided or will provide a withholding statement as foreign partnership or foreign grantor trust to establish that it is an upper-tier foreign partnership or foreign grantor trust for purposes of section 1446 and to represent that the form is being used to transmit withholding certificates and/or documentary evidence and that it has provided, or will provide, a withholding statement, as flow-through entity (including a foreign reverse hybrid entity) transmitting withholding certificates and/or other documentary evidence to claim treaty benefits on behalf of its owners, to certify its chapter 4 status (if required), and to certify that it has provided, or will provide, a withholding statement, as nonparticipating FFI acting as an intermediary or that is a flow-through entity using this form to transmit a withholding statement and withholding certificates or other documentation for exempt beneficial owners described in Regulations section to January 1, 2018, a qualified securities lender (QSL) certifying to a withholding agent that it is acting as a QSL with respect to source substitute dividends received from the withholding agent pursuant to a securities lending transaction (as described in Notice 2010-46).

10 A foreign intermediary or flow-through entity not receiving withholdable payments or reportable amounts that is holding an account with a participating FFI or registered deemed-compliant FFI providing this form for purposes of documenting its chapter 4 status as an account holder. No withholding statement is required to be provided along with Form W-8 IMY in this case. The entity may instead provide Form W-8 BEN-E to document its chapter 4 status as an account holder of an FFI when it is not receiving withholdable payments or reportable form may serve to establish foreign status for purposes of sections 1441, 1442, and 1446. However, any representations that items of income, gain, deduction, or loss are not effectively connected with a trade or business will be disregarded by a partnership receiving this form for purposes of section 1446 as the partnership will undertake its own not use Form W-8 IMY if you are described are the beneficial owner (other than a QDD acting in its QDD capacity) of source income (other than income that is effectively connected with the conduct of a trade or business within the United States), and you need to establish that you are not a person, establish your chapter 4 status (if required), or claim a reduced rate of withholding on your own behalf under an income tax treaty (if applicable).